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Vol 22 No 7 July/August 2017

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Comparative Remedies for Breach of Contract

ISBN13: 9781841134536
ISBN: 1841134538
Published: February 2005
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

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The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages and does so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli.

Each essay is written by a recognised specialist in his or her own field. Topics covered include the recent reforms of the law relating to breach of contract in Germany and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate.

The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book also contains an introductory essay, written by the editors, and an essay by Professor Friedmann which deals with the relationship between substantive rights and contract remedies.

Contract Law
Part One: Concepts, Coherence and Choice
1. Rights and Remedies
2. Multiplicity in Contract Remedies
3. Renegotiation, ‘Efficient Breach’ and Adjustment:
The Choice of Remedy for Breach of Contract
as a Choice of a Contract-Modification Theory

Part Two: Comparisons
4. The Law’s Response to Exit and Loyalty in
Contract Disputes
5. Comparative Reflections on the French Law of
Remedies for Breach of Contract
6. Modernisation of the German Law of Obligations:
Harmonisation of Civil Law and Common Law in
the Recent Reform of the German Civil Code
7. The New Approach to Breach of Contract in German Law
8. Remedies for Breach through the Lens of the
Third Party Beneficiary
9. Between Contract and Tort: Pure Economic Loss in Europe

Part Three: Specific Performance and Damages
10. Understanding Specific Performance
11. The Deterrent Factor of Damages where Pricing is Affected
12. An Agreement-Centred Approach to Remoteness
and Contract Damages
13. Damages for Non-Pecuniary Loss

Series: International Studies in the Theory of Private Law

Wrongful Enrichment: A Study in Comparative Law and Culture ISBN 9781782257059
To be published September 2017
Hart Publishing
£66.66 + £13.33 VAT
£58.33 + £11.66 VAT
£49.99 + £10.00 VAT
Networks: Legal Issues of Multilateral Co-operation ISBN 9781841139456
Published May 2009
Hart Publishing
Networks: Legal Issues of Multilateral Co-operation (eBook) ISBN 9781847317247
Published May 2009
Hart Publishing
£70.82 + £14.17 VAT
Comparative Remedies for Breach of Contract (eBook) ISBN 9781847316929
Published February 2005
Hart Publishing
£62.49 + £12.50 VAT
Transnational Governance and Constitutionalism ISBN 9781841134352
Published June 2004
Hart Publishing
Ecological Sensitivity and Global Legal Pluralism: Rethinking the Trade and Environment Conflict
Oren PerezLecturer in Law, Bar-Ilan University, Israel
ISBN 9781841133485
Published June 2004
Hart Publishing